59th Congress, 
1st Session. 


HOUSE OF REPRESENTATIVES. 


1 


STATEHOOD BILL. 


June 2, 1906.—Ordered to be printed. 


K.S, 

Mr. Hamilton, from the committee of conference, submitted the 

following 

CONFERENCE KEPORT. 

[To accompany H. R. 12707.] 

The committee of conference on the disagreeing votes of the two 
Houses on the amendments of the Senate to the bill (H. R. 12707) u to 
enable the people of Oklahoma and of the Indian Territory to form a 
constitution and State government and be admitted into the Union on 
an equal footing with the original States; and to enable the people of 
New Mexico and of Arizona to form a constitution and State govern¬ 
ment and be admitted into the Union on an equal footing with the 
original States, having met, after full and free conference have agreed 
to recommend, and do recommend, to their respective Houses as follows: 

That the Senate recede from its amendments numbered 37 and 38. 

That the House recede from its disagreement to the amendments of 
the Senate numbered 18, 19, 20, 21, 22, 23, 21, 25, 26, 28, 29, 30, 31, 
32, 33, 31, 35, 36, and 39, and agree to the same. 

That the House recede from its disagreement to the amendments of 
the Senate numbered 1, 2, 3, 1, 5, 6, 7, 8, 9, 10,11, 12, 13, 11, 15, and 
16, inclusive, and agree to the same, with an amendment as follows: 
In lieu of the amended section insert the following: 

See. 0. That all male persons over the age of twenty-one years who 
are citizens of the United States, or who are members of any Indian 
nation or tribe in said Indian Territory and Oklahoma, and who 
have resided within the limits of said proposed State for at least six 
months next preceding the election, are hereby authorized to vote for 
and choose delegates to form a constitutional convention for said pro¬ 
posed State, and all persons qualified to vote for said delegates shall 
be eligible to serve as delegates; and the delegates to form such con¬ 
vention shall be one hundred and eleven in number, fifty-five of whom 
shall be elected by the people of the Territory of Oklahoma and 
fifty-five by the people of Indian Territory, and one, shall be elected 
by the electors residing in the Osage Indian Reservation in the Terri¬ 
tory of Oklahoma; and the governor , the chief justice, and the secretary 
of the Territory of Oklahoma shall apportion the Territory of Okla¬ 
homa into fifty-five districts, as nearly equal in population as may be, 










STATEHOOD BILL. 




sOnment shall not include the Osage Indian Reservation, 
v ge Indian Reservation shall constitute one election district, 
cernor , the chief justice, and the secretary of the Territory of 
i shall appoint an election commissioner who shall establish 
recincts in said Osage Indian Reservation, and shall appoint 
es for election in said Osage Reservation ; and the commissioner to 
je Civilized Tribes, and two judges of the United States courts for 
ndian Territory, to be designated by the President, shall constitute 
ard, which shall apjjortion the said Indian Territory into fifty-five 
ostricts, as nearly equal in population as may be, and one delegate shall be 
elected from each of said districts; and the governor of said Oklahoma 
Territory, together with the judge senior in service of the Lnited States 
courts in Indian Territory, shall, by proclamation in which such appor¬ 
tionment shall be fully specified and announced , order an election of the 
delegates aforesaid in said proposed State at a time designated by them, 
within six months after the approval of this Act, which proclamation 
shall be issued at least sixty days prior to the time of holding said elec¬ 
tion of delegates. The election for delegates in the Territory of Okla¬ 
homa and in said Indian Territory shall be conducted, the returns made, 
the result ascertained, and the certificates of all persons elected to such 
ccmvention issued in the same manner as is prescribed by the laws of the 
Territory of Oklahoma regulating elections for Delegates to Congress. 
That the election laws of the Territory of Oklahoma now in force, as far as 
applicable and not in conflict with this Act, including the penal laws of 
said Territory of Oklahoma relating to elections and illegal voting', 
are hereby extended to and put in force in said Indian Territory until 
the legislature of said proposed State shall otherw ise provide, and unt il 
allpersons offending against said laws in the election aforesaid shall have 
been dealt with in the manner)' therein provided. And the United States 
courts of said Indian Territory shall have the same power to enforce the 
laws of the Territory of Oklahoma, hereby extended to and put in force 
in said Territory, as have the courts of the Territory of Oklahoma: Pro¬ 
vided, however , That said board to apportion districts in Indian Terri¬ 
tory shall, for the purpose of said election, appoin t an election commis¬ 
sioner for each district who shall distribute all ballots and election supplies 
to the several precincts in his district, receive the election returns from 
the judges in precincts, and deliver the same to the canvassing' board 
therein named, establish and define the necessary election precincts, 
and appoint three judges of election for each precinct, not more than 
two of whom shall be of the same political party, which judges may 
appoint the necessary clerk or clerks; that said judges of election, so 
appointed, shall supervise the election in their respective precincts, and 
canvass and make due return of the vote cast, to the election commis¬ 
sioner for said district, who shall deliver said returns, poll books, and 
ballots to said board, which shall constitute the ultimate and final can¬ 
vassing board of said election, and they shall issue certificates of elec¬ 
tion to all persons elected to such convention from the various districts 
of the Indian Territory, and their certificates of election shall be prima 
facie evidence as to the election of delegates: Provided further. That 
in said Indian Territory and Osage Indian Reservation, nominations 
for delegate to said constitutional convention may be made by conven- 
tionjby the Republican, Democratic, and People!s Party, or by petition 
in t%e manner provided by the laws of the Territory of Oklahoma; and 
certificates and petitions of nomination in said Indian Territory 



STATEHOOD BILL. 


3 


shall he filed with the districting and canvassing hoard, who shall 
perform, the duties of election commissioner under said laws, and shall 
prepare, print, and distribute all ballots, poll hooks, and election 
supplies necessary, for the holding of said election under said laws. 

\Jne capital of sa id State shall temporarily he at the city of Guthrie, 
in the present Territory of Oklahoma, and shall not he changed 
therefrom previous to anno Domini nineteen hundred and thirteen, hut 
said capital shall, after said year, he located hy the electors of said 
State at an election to he provided for hy the legislature: Provided, 
however. That the legislature of said State, except as shall he necessary 
for the convenient transaction of the public business of said State at 
said capital, shall not appropriate any public moneys of the State for 
the erection of buildings for capital purposes during such period. 

And the Senate agree to the same. 

Amendment numbered IT: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 17, and agree to the same with an amendment 
as follows: Strike out “or in which the United States maintained 
laws prohibiting the traffic in intoxicating liquorsand the Senate 
agree to the same. 

Amendment numbered 27: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 27, and agree to the same with an amendment as 
follows: Strike out all of said amendment and insert: 

Where any part of the lands granted by this Act to the State of Okla¬ 
homa are valuable for minerals, which term shall also include gas and 
oil, such lands shall not he sold hy the said State prior to January first, 
nineteen hundred and -fifteen; hut the same may he leased for periods 
not exceeding five years by the State officers duly authorized for that 
purpose , such leasing to he made hy public competition after not less than 
thirty days' advertisement in the manner to he prescribed hy law, and 
all such leasing shall he done under sealed bids and awarded to the 
highest resjjonsible bidder. The leasing shall require and the adver¬ 
tisement shall specify in each case a fixed royalty to he paid hy the suc¬ 
cessful bidder, in addition to any bonus offered for the lease, and all 
proceeds from leases shall he covered into the fund to which they shall 
properly belong, and no transfer or assignment of any lease shall he valid 
or confer any right in the assignee without the consent of the proper 
State authorities in writing: Provided,, however, That agricultural 
lessees in possession of such lands shall he reimbursed hy the mining 
lessees for all damage done to said agricultural lessees' interest therein 
hy reason of such mining operations. The legislature of the State may 
prescribe additional legislation governing such leases not in conflict 
herewith. 

And the Senate agree to the same. 

Amendment numbered 40: 

That the House recede from its disagreement to the amendment of 
the Senate numbered 40, and agree to same with an amendment as fol¬ 
lows: In lieu of the matter stricken out by said amendment insert the 
following: 

Sec. 23 . That the inhabitants of all that part of the area of the 
United States now constituting the Territories of Arizona and New 


4 


STATEHOOD BILL. 


Mexico, as at present described , may become the State of Arizona, <2.5 
hereinafter provided. 

Sec. 24.. That all qualified electors of said Territories, respectively, <2.5 
described in this Act, are hereby authorized to vote for and choose dele¬ 
gates to form a convention for said Territories ; swcA delegates shall 
possess the qualifications of such electors. The aforesaid convention 
shall consist of one hundred and ten delegates , sixty-six of which dele¬ 
gates shall be elected to said convention by the people of the Territory of 
New Mexico and forty-four by the people of the Territory of Arizona ; 
and the governors, chief justices, and secretaries of each of said Terri¬ 
tories, respectively, shall apportion the delegates to be thus elected from 
their respective Territories, as nearly as may be, equitably among the 
several counties thereof in accordance with the population as shown by 
the 'Federal census of nineteen hundred; and such governors, 
respectively, shall, within twenty days after the apjproval of this 
Act by the President of the United States, by proclamation, in which 
such apportionment shall be fully specified and announced, order an 
election of the delegates aforesaid in their respective Territories, to be 
held on the fifth Tuesday after the approval of this Act as aforesaid; 
and the proper officials, as now provided by law in each of said Terri¬ 
tories, respectively, shall immediately upon the approval of this Act make, 
or cause to be made, as the case may be, in time for the election, a supple¬ 
mental or general registration, as may be necessary, of the male citizens 
of the United States over the age of twenty-one years who shall have 
resided in said Territories, respectively, for six months, in the county for 
ninety days, and in the precinct, ivard, or election district where they 
are to vote thirty days next preceding the date fixed for said election, 
whose names shall be placed upon or added to the great registers, or reg¬ 
istration lists, as the case may be, exhibiting the names of the qualified 
voters of said Territories, respectively. And the persons so qualified 
shall be entitled to be so registered and to vote for delegates to the con¬ 
stitutional convention. Such election for delegates shall be conducted, 
the returns made, and the certificates of persons elected to such con¬ 
vention issued, as near as may be, in the same manner as is pre¬ 
scribed by the laws of said Territories, respectively, regulating 
elections therein of members of the legislature, save that not more 
than two judges of each of the election boards holding elections under 
this Act shall be of the same political party: Provided, That the sec¬ 
retary, or other proper officer, of the Territory of Arizona, into whose 
hands the result of said election in the Territory of Arizona finally 
comes, shall immediately transmit and certify the same to the secretary 
of the Territory of New Mexico, at Santa Fe. Persons possessing the 
qualifications entitling them to vote for delegates to the constitutional 
convention binder this Act shall be entitled to vote on the ratification or 
rejection of the constitution submitted to the people of said Territories 
hereunder, and on the election of all officials whose election is taking 
place at the same time, under such rules or regulations as said conven¬ 
tion may .prescribe, not in conflict with this Act: Provided, That said 
registration lists shall answer for both or all such elections. 

Sec. 25 . That the delegates to the convention thus elected shall meet 
in the hall of the house of representatives of the Territory of New 
Mexico, in the city of Santa Fe therein, on the second Monday after 
their election, but they shall not receive compensation for more than 
thirty days of service, and after organization shall declare on behalf of 


STATEHOOD BILL. 


5 


the people of said proposed State that they adopt the Constitution of the 
United' States, whereupon the said convention shall be, and is hereby, 
authorized to form a constitution and State government for said pro¬ 
posed State.' The' constitution shall be republican in form, and make no 
distinction in civil or political rights on account of race or color, except 
as to Indians not taxed, and shall not be repugnant to the Constitution 
of the Zhiited States and the principles of the Declaration of Independ¬ 
ence. And said convention shall provide, by ordinance irrevocable 
without the consent of the United States and the people of said State — 

First. That perfect toleration of religious sentiment shall be secured, 
and that no inhabitant of said State shall ever be molested in person or 
property on account of his or her mode of religious worship ; and that 
polygamous or plural marriages and the sale, barter, or giving of intoxi¬ 
cating liquors to Indians are forever prohibited. 

Second. That the people inhabiting said proposed State do agree and 
declare that they forever disclaim all right and title to the unappropri¬ 
ated and ungranted public la?ids lying within theboundaries thereof and 
to all lands lying within said limits owned or held by any Indian or 
Indian tribes, except as hereinafter provided, and that until the title 
thereto shall have been extinguished by the United States the same shall 
be and remain subject to the disposition of the United States, and such 
Indian lands shall remain under the absolute jurisdiction and control 
of the Congress of the United States; that the lands and other prop>erty 
belonging to citizens of the United States residing without the said 
State shall never be taxed at a higher rate than the lands and other 
property belonging to residents thereof; that no taxes shall be imposed 
by the State on lands or property therein belonging to or which may here¬ 
after be purchased by the United States or reserved for its use; but 
nothing herein, or in the ordinance herein provided for, shall preclude 
the said State from taxing, as other lands and other property are taxed, 
any lands and other property owned or held by any Indian who has sev¬ 
ered his tribal relations and has obtained from the United States or from 
any pet'son a title thereto by patent or other grant, save and except such 
lands as have been or may be granted to any Indian or Indians under 
any Act of Congress containing a provision exempting the lands thus 
granted from taxation, but said ordinance shall provide that all such 
lands shall be exempt from taxation by said State so long and to such 
extent as such Act of Congress may prescribe. 

Third. That the debts and liabilities of said Territory of Arizona 
and of said Territory of New Mexico shall be assumed and paid by said 
State, and that said State shall be subrogated to all the rights of indem¬ 
nity and reimbursement which either of said Territories now has. 

Fourth. That provision shall be made for the establishm en t and main¬ 
tenance of a system of public schools, which shall be open to all the 
children of said State and free from sectarian control; and that said 
schools shall always be conducted in English: Provided, That nothing 
in this Act shall preclude the teaching of other languages in said public 
schools. 

Fifth. That said State shall never enact any law restricting' or 
abridging the right of suffrage on account of race, color, or previous 
condition of servitude, and that ability to read, write, and speak the 
English language sufficiently well to conduct the duties of th£' office 
without the aid of an interpreter shall be a necessary qualification for 
all State officers. 


6 


STATEHOOD BILL. 


Sixth. That the capital of said State shall temporarily he at the city 
of Santa Fe, in the present Territory of New Mexico, and shall not he 
changed therefrom previous to anno Domini nineteen hundred and 
fifteen, hut the permanent location of said capital may, after said 
year, he fixed hy the electors of said State , voting at an election to he 
provided for hy the legislature. 

Sec. 26. That in case a constitution and State government shall he 
formed in compliance with the provisions of this Act, the convention 
forming the same shall provide hy ordinance for submitting said con¬ 
stitution to the people of said proposed State for its ratification or rejec¬ 
tion,, at an election to he held on the sixth day of November, nineteen 
hundred and six, at which election the qualified voters of said proposed 
State shall vote directly for or against the proposed constitution andfor 
or against any provisions thereof separately submitted. The returns of 
said election shall he made hy the election officers direct to the secretary of 
the Territory of New Mexico at Santa Fe; who, with the governors and 
chief justices of said Territories , or any four of them, shall meet at sand 
city of Santa Fe on the third Monday after said election and shall can¬ 
vass the same; and if a majority of the legal votes cast on that question 
in each of said Territories shall he for the constitution the said canvassing 
hoard shall certify the result to the President of the United States, together 
with the statement of the votes cast thereon, and upon separate articles 
or propositions, and a copy of said constitution, articles, propositions, 
and ordinances. And if the constitution and government of said pro¬ 
posed State are republican in form, and if the provisions in this Act nave 
been complied with in the formation thereof \ it shall he the duty of the 
President of the United States, within twenty days from the receipt of 
the certificate of the result of said election and the statement of the 
votes cast thereon and a copy of said constitution, articles, propositions, 
and ordinances from said hoard, to issue his proclamation announcing 
the result of said election, and thereupon the proposed State shall he 
deemed admitted hy Congress into the Union, under and hy virtue of 
this Act, under the name of Arizona, on an equal footing with the 
original States, from and after the date of said proclamation. 

The original of said constitution, articles, propositions, and ordi¬ 
nances, and the election returns, and a coqjy of the statement of the votes 
cast at said election shall he forwarded and turned over hy the secretary 
of the Territory of New Mexico to the State authorities. 

Sec. 27. That until the next general census, or until otherwise provided 
hy law, said State shall he entitled to two Representatives in the House 
of Representatives of the United States, which Representatives, together 
with the governor and other officers provided for in said constitution, 
and also all other State and county officers, shall he elected on the same 
day of the election for the adoption of the constitution; and until said 
State officers are elected and qualified under the provisions of the con¬ 
stitution, and, the State is admitted into the Union, the Territorial offi¬ 
cers of said Territories, respectively, including delegates to Congress, 
shall continue to discharge the duties of their respective offices in said 
Territories until their successors are didy elected and qualified. 

Sec. 28. That upon the admission of said State into the Union there 
is hereby granted. unto it, including the sections thereof heretofore 
granted, four sections of public land in each township in the proposed 
State for the support of free public nonsectarian common schools, to 
unt: Sections numbered thirteen, sixteen, thirty-three, and thirty-six. 


STATEHOOD BILL. 


7 


and where such sections or any parts thereof hare been sold or otherwise 
disposed of by or under the authority of any Act of Congress other 
lands equivalent thereto, in legal subdivisions of not less than one 
quarter section and as contiguous as may be to the section in lieu of 
which the same is taken; such indemnity lands to be selected within 
said respective portions of said State in the manner provided 
in this Act: \Provided, That the thirteenth, sixteenth, thirty - 
third, and thirty-sixth sections embraced in permanent reserva¬ 
tions for national purposes shall not at any time be subject to the 
grants nor to the indemnity provisions of this Act, but other lands 
equivalent thereto may be selected for such school purposes in lieu thereof; 
nor shall any lands embraced in Indian, military, or other reservations 
of any character be subject to the grants of this Act, but such reservation 
lands shall be subject to the indemnity provision of this Act: Provided, 
That nothing in this Act contained* shall repeal or affect any Act of 
Congress relating to the Casa Grande Ruin as now defined or as may 
be hereafter defined or extended, or the power of the United States 
over it, or any other lands embraced in the State hereafter set aside by 
Congress as a national park, game preserve, or for the preservation of 
objects of archaeological or ethnological interest; and nothing con¬ 
tained in this Act shall interfere with the rights and ownership of 
the United States in any land hereafter set aside by Congress as 
national pcirk, game preserve, or other reservation, or in the said* Casa 
Grande Ruin as it now is or may be hereafter defined or extended by 
law, but exclusive legislation, in all cases whatsoever, shall be exercised 
by the United States, which shall have exclusive control and jurisdic¬ 
tion over the same; but nothing in this proviso contamed shall be con¬ 
strued to prevent the service within said Casa Grande Ruin, or national 
parks, game preserves, and other reservations hereafter established by 
law , of civil and criminal processes lawfully issued by the authority of 
said State; and said lands shall not be subject at any time to the school 
grants of this Act that may be embraced within the metes and bounds of 
the national park, game preserve, and other reservation, or the said 
Casa Grande Ruin, as now defined or may be hereafter defined; but 
other lands equivalent thereto may be selected for such school purposes 
hereinbefore provided in lieu thereof. 

Sec. °29. That three hundred sections of the unappropriated nonm ineral 
public lands within said State, to be selected and located in legal sub¬ 
divisions, as provided in this Act, are hereby granted to said State for 
the purpose of erecting legislative, executive, and judicial publicbuilding s 
in the same, and for the payment ofthebonds heretofore or hereafter issued 
therefor. 

Sec. 30. That the lands granted to the Territory of Arizona by the 
Act of February eighteenth, eighteen hundred and; eighty-one, entitled 
“An Act to grant lands to Dakota, Montana, Arizona, Idaho, and 
Wyoming for university purposesare hereby vested in the proposed 
State to the extent of the full quantity of seventy-five sections, 
and any portion of said lands that may not have been selected 
by said Territory of Arizona may be selected by the said State. 
In addition to the foregoing, and in addition to all lands hereto¬ 
fore granted for such purpose, there shall be, and . hereby. is, 
granted to said State, to take effect when the same is admitted 
to the Union, three hundred sections of land, to be selected from the 
public domain within said State in the same manner as provided in 


8 


STATEHOOD BILL. 


this Act, and the proceeds of all such lands shall constitute a permanent 
fund, to he safely invested and held hy said State, and the income thereof 
he used exclusively for university purposes. The schools, colleges, and 
universities provided for in this Act shall forever remain under the 
exclusive control of the said State, and no part of the proceeds arising 
from the sale or disposal of any lands herein granted for educational 
purposes shall he used for the support of any sectarian or denomina¬ 
tional school, college, or university. 

Sec. 31. That nothing in this Act shall he so construed, except where 
the sam.e is so specifically stated, as to repeal any grant of land hereto¬ 
fore made hy any Act of Congress to either of said Territories, hut 
such grants are hereby ratified and confirmed in and to said State, and 
all of the land that may not, at the time of the admission of said State 
into the Union, have been selected and segregated from the public 
domain, may he so selected and segregated in the manner provided in 
this Act. 

Sec. 32. That five per centum of the proceeds of the sales of public 
lands lying within said State which shall he sold by the United States 
subsequent to the admission of said State into the Union, after deduct¬ 
ing all the expenses incident to the same, shall he paid to the said State 
to he used as a permanent fund, the interest of which only shall he 
expended for the support of the common schools within said State. 
And there is hereby appropriated, out of any moneys in the Treasury 
not otherwise appropriated, the sum of five million dollars for the use 
and benefit of the common schools of said State. Said appropriation 
shall he paid hy the Treasurer of the United States at such time and to 
such person or persons as may he authorized hy said State to receive the 
same under laws to he enacted hy said State , and until said State shall 
enact such laws said appropriation shall not he paid. . Said appropri¬ 
ation of five million dollars shall he held inviolable and invested hy said 
State, in trust, for the use and benefit of said schools. 

Sec. 33. That all lands herein granted for educational purposes may 
he appraised and disposed of only at public sale, the proceeds to consti¬ 
tute a permanent school fund, the income from which only shall he 
expended in the support of said schools. But said lands may, under 
such regulations as the legislature shall prescribe, he leased for periods 
of not more than ten years, and such common school land shall not he 
subject to preemption, homestead entry, or any other entry under the 
land laws of the United States, whether surveyed or unsurveyed, hut 
shall he reserved for school purposes only. 

Sec. 3If. That in lieu of the grant of landfor purposes of internal im¬ 
provement made to new States by the eighth section of the Act of Septem¬ 
ber fourth, eighteen hundred and forty-one, which section is hereby repealed 
as to the proposed State, and in lieu of any claim or demand by the said 
State under the Act of September twenty-eighth, eighteen hundred and 
fifty, and section twenty four hundred and seventy-nine of the Revised 
Statutes, making a grant of swamp and overflowed lands to certain 
States, which grant it is hereby declared is not extended to the said 
State, and in lieu of any grant of saline lands to said State, save 
as heretofore made, the following. grants of land from public lands 
of the United States within said State are hereby made, to wit: 

For the establishment and maintenance and support of insane asylums 
in the said State, tivo hundred thousand acres; for penitentiaries, two 


STATEHOOD BILL. 


9 


hundred thousand acres; for schools for the deaf dumb, and the blind, 
tico hundred thousand acres; for miners ’ hospitals for disabled miners, 
hundred thousand acres; for normal schools, £100 hundred thousand 
acres; for State charitable, penal, reformatory institutions, £100 

hundred thousand acres; jfo?’ agricultural and mechanical colleges, three 
hundred thousand acres: Provided, That the two national appropri¬ 
ations heretofore annually paid to the two agricultural and mechanical 
colleges of said Territories, respectively, the further order 

of Congress, continue to be paid to said State for the use of said respec¬ 
tive institutions; for schools of mines, two hundred thousand acres; 
for military institutes, ^00 hundred thousand acres. 

Sec. 35. That all lands granted in quantity or as indemnity by this 
Act shall be selected, under the direction of the Secretary of the Interior, 
//wi ^ unappropriated public lands of the United States icithin the 
limits of the said State, a commission composed of the governor, 
surveyor-general, and attorney-general of said State; and no fees shall 
be charged for passing the title to the same or for the preliminary pro¬ 
ceedings thereof. 

Sec. 36. That all mineral lands shall be exempted from the grants 
made by this Act; but if any portion thereof shall be found by the 
Department of the Interior to be mineral lands, said State, by the com¬ 
mission provided for in section thirty-five hereof under the direction of 
the Secretary of the Interior, is hereby authorized and empowered to 
select, in legal subdivisions, an equal quantity of other unappropriated 
lands in said State in lieu thereof. 

Sec. 37. That the said State, when admitted as aforesaid, shall con¬ 
stitute two judicial districts, to be named, respectively, the eastern and 
western districts of Arizona, the boundaries of said districts to be the 
same as the boundaries of said Territories, respectively, and the circuit 
and district court of said districts shall be held, respectively, at Albu¬ 
querque and Phoenix for the time being, and the said districts shall, 
for judicial purposes, until otherwise provided, be attached to the ninth 
judicial circuit. There shall be appointed for each of said districts 
one district judge, one United States attorney, and one United States 
marshal. The judge of each of said districts shall receive a yearly 
salary the same as other similar judges of the United States, pay¬ 
able as provided for by law, and shall reside i/n the district to which lie 
is appointed. There shall be appointed clerics of said courts, who shall 
Tceep their offices at said Albuquerque and Phoenix in said State. The 
regular terms of said courts shall be held in said districts, at the places 
aforesaid, on t lie first Monday in April, and the first Monday in Novem¬ 
ber of each year, and one grand jury shall be summoned in each year in 
each of said circuit and district courts. The circuit and district courts 
for said districts, and the judges thereof, respectively, shall possess the 
same poivers and jurisdiction and perform the same duties required to 
be performed by the other circuit and district courts and j udges of^ the 
United States, and shall be governed by the same laws and regulations. 
The marshal, district attorney, and clerics of the circuit and district 
courts of said districts, and all other officers and persons p>erforming 
duties in the administration of justice therein, shall severally possess 
the powers and perform the duties laic fully possessed and required to 
be performed by similar officers in other districts of the United States, 
and shall, for the services they may perform, receive the fees andcompen- 


10 


STATEHOOD BILL. 


sation now allowed by law to officers performing similar services for the 
United States in the Territories of Arizona and New Mexico, respectively. 

Sec. 38. That all cases of appeal or writ of error heretofore prose¬ 
cuted and now pending in the Supreme Court of the United States upon 
any record from, the supreme court of either of said Territories, or that 
may hereafter lawfully be prosecuted upon any record from said courts, 
may be heard and determined by said Supreme Court of the United 
States. A nd the mandate of execution or of further proceedings shall 
be directed by the Supreme Court of the United States to the circuit or 
district courts, respectively, hereby established within the said State 
or to the supreme court of such State, as the nature of the case may 
require. And the circuit, district, and State courts herein named 
shall, respectively, be the successors of the supreme courts of the 
said Territories as to all such cases arising within the limits of 
embraced within the jurisdiction of such courts, respectively, with full 
power to proceed with the same and award mesne or final process therein; 
and that from all judgments and decrees of the supreme courts of the 
said Territories mentioned in this Act, in any case arising within the 
limits of the proposed State prior to admission, the parties to such judg¬ 
ment shall have the same right to prosecute appeals and writs of error 
to the Supreme Court of the United States or to the circuit court of 
appeals as they shall have had by law prior to the admission of said 
State into the Union. 

Sec. 39. That in respect to all cases, proceedings, and matters now 
pending in the supreme or district courts of the said Territories at the 
time of the admission into the Union of the said State, and arising 
within the limits of such State, whereof the circuit or district courts by 
this Act established might have had jurisdiction under the laws of the 
United States had such courts existed at the time of the commencement 
of such cases, the said circuit and district courts, respectively, shall be 
the successors of said supreme and district courts of said Territories, 
respectively; and in respect to all other cases, proceedings, and mutters 
pending in the supreme or district courts of the said Territories at the 
time of the admission of such Territories into the Union, arising within 
the limits of said State, the courts established by such State shall, respec¬ 
tively, be the successors of said supreme and district Territorial courts; 
and all the files, records, indictments, and proceedings relating to any 
such cases shall be transferred to such circuit, district, and State courts, 
respectively, and the same shall be proceeded with therein in due course 
of law; but no writ, action, indictment, cause, or proceeding now 
pending, or that prior zo the admission of the State shall be pending, 
in any Territorial court in said Territories shall abate by the admis¬ 
sion of such State into the Union, but the same shall be transferred 
and proceeded with in the proper United States circuit, district, or 
State court, as the case may be: Provided, however. That in all civil 
actions, causes, and proceedings in which the United States is not a 
party transfers shall not be made to the circuit and district courts of 
the United States except upon cause shown by written request of one of 
the parties to such action or proceeding filed in the proper court; and 
in the absence of such request such cases shall be proceeded with in the 
proper State courts. 

Sec. If). That the constitutional convention shall by ordinance pro¬ 
vide for the election of officers for a full State government, including 


STATEHOOD BILL. 


11 


members of the legislature and two Representatives in Congress, at the 
time for the election for the ratification or rejection of the constitution; 
one of which Representatives shall be chosen from a Congressional dis¬ 
trict comprised of the present Territory of Arizona, to be known as the 
First Congressional district, and the other from a Congressional dis¬ 
trict comprised of the remainder of said State, to be known as the Sec¬ 
ond Congressional district; but the said State government shall remain 
in abeyance until the State shall be admitted into the Union as proposed 
by this Act. In case the constitution of said State shall be ratified by a 
majority * of the legal voters in each of said Terr itories voting at the elec¬ 
tion held therefor as hereinbefore provided, but not otherwise, the legis¬ 
lature thereof may assemble at Santa Fe, organize, and elect two Sen¬ 
ators of the United States in the manner now prescribed by the laws of 
the United States; and the governor and secretary of state of the pro¬ 
posed State shall certify the election of the Senators and Representatives 
in the manner required by law, and when such State is admitted into 
the Union, as provided in this Act, the Senators and Representatives 
shall be entitled to be admitted to seats in Congress and to all rights and 
privileges of Senators and Representatives of other States in the Con¬ 
gress of' the United States; and the officers of the State government 
formed in pursuance of said constitution, as provided by the constitu¬ 
tional convention, shall proceed to exercise all the functions of State 
officers; and all laws of said Territories in force at the time of their 
admission into the Union shall be in force in the respective portions of 
said' State until changed by the legislature of said State , except as 
modified or changed by this Act or by the constitution of the State; and 
the laics of the United States shall have the same force and effect within 
the said States as elsewhere within the United States. 

Sec. II. That the sum of one hundred and ffty thousand dollars, or 
so much thereof as may be necessary, is hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, for defraying all 
and every kind and character of expense incident to the elections and 
conventions provided for in this Act; that is, the payment of the expenses 
of registration and holding the election for members of the constitutional 
convention and the election for the ratification of the constitution, at the 
same rates that are paid for similar services under the Territorial laws, 
respectively, and for the payment of the mileage for and salaries of mem,- 
bers of the constitutional convention at the same rates that are paid the 
said Territorial legislatures under national law, and for the payment 
of all proper and necessary expenses, officers, clerks, and messengers 
thereof, and printing and other expenses incident thereto: Provided, 
That any expense incurred in excess of said sum of one hundred and 
fifty thousand dollars shall be paid by said State. The said money 
shall be expended under the direction of the Secretary of the Interior, 
and shall be forwarded, to be locally expended in the present Terrritory 
of Arizona and in the present Territory of New Mexico, through the 
respective secretaries of said Territories, as may be necessary and proper, 
in the discretion of the Secretary of the Interior, in order to carry out 
the full intent and meaning of this Act. 

Amend the title so as to read: 

An Act to enable the people of Oklahoma and of the Indian Terri¬ 
tory to form a constitution and State government and be admitted into 


12 


STATEHOOD BILL. 


the Union on an equal footing with the original States / and to enable 
the people of New Mexico and of Arizona to form a constitution and 
State government and be admitted into the Union on an equal footing 
with the original States. 

E. L. Hamilton, 

A. L. Brick. 


I agree to the above recommendations except as to amendment num¬ 
bered 40; on this amendment I disagree. 

John A. Moon, 

Managers on the part of the House. 

Albert J. Beveridge, 

Wm. P. Dillingham. 


I agree to the above and foregoing recommendations except as to 
amendment numbered 40; and as to said amendment I disagree. 

T. M. Patterson, 

Managers on the part of the Senate. 



STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE. 

The managers on the part of the House at the conference on the dis¬ 
agreeing votes of the two Houses on the amendments of the Senate to 
the bill H. R. 12707, to enable the people of Oklahoma and of the 
Indian Territory to form a constitution and State government and be 
admitted into the Union on an equal footing with the original States; 
and to enable the people of Arizona and New Mexico to form a con¬ 
stitution and State government and be admitted into the Union on an 
equal footing with the original States, submit the following detailed 
statement in explanation of the effect of the action agreed upon and 
recommended in the conference report, namely: 

The House recedes from its disagreement to the amendments of the 
Senate numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,11, 12, and 14, and agree to 
the same with amendments, to the effect that the delegates to a consti¬ 
tutional convention of the proposed state of Oklahoma shall be 111— 
55 to be elected by the people of the Territory of Oklahoma, 55 by 
the people-'of the Indian Territory, and 1 from the Osage Indian Res¬ 
ervation—with a provision for establishing voting precincts in said 
Osage Reservation for that purpose, and also provisions for districts 
in Oklahoma Territory, except the Osage Reservation, and for districts 
in the Indian Territory from which such delegates to said constitutional 
convention shall be elected. 

The House recedes from its disagreement to the amendment of the 
Senate numbered 15 and agrees to the same. This amendment is a 
provision similar in character to the House provisions on the same 
subject, and provides in detail the election machinery for the election 
of all delegates to the constitutional convention and for laws govern¬ 
ing the same. 

The House recedes from its disagreement to the amendment of the 
Senate numbered 16, and agrees to the same with an amendment to 
the effect that the capital of the proposed State of Oklahoma shall 
temporarily remain at Guthrie and not be changed therefrom till after 
1913, and provides that no State moneys Shall be appropriated for the 
erection of public buildings there for capital purposes during that 
period, except as shall be necessary for the convenient transaction of 
public business of the State at said capital. 

That the House recede from its disagreement to the amendment of 
the Senate numbered 17 and agree to the same with an amendment 
which does no more than to change the words of the original House 
text, without any change in the effect of the House provision. 

The House recedes from its disagreement to the Senate amendments 
numbered 18, 21, and 22, and agrees to the same. These are all verbal 
changes and additions of words without altering the intended effect of 
the House bill. 


13 


14 


STATEHOOD BILL. 


The House recedes from its disagreement to the amendments of the 
Senate numbered 19 and 20 and agree to the same. These amend¬ 
ments provide for the sale and use of alcohol in the part of the pro¬ 
posed State now covered by Indian Territory and in certain Indian 
reservations in Oklahoma by apothecaries, to be used by them in com¬ 
pounding medicines, and regulates its use by them and provides for a 
bond that it shflll not be used for other purposes. 

The House recedes from its disagreement to Senate amendment 
numbered 26, which is a slight and immaterial change as to the time 
of payments of interest on State funds. 

The House recedes from its disagreement to the Senate amendment 
numbered 27, and agrees to the same with an amendment which elimi¬ 
nates all of said Senate amendment numbered 27 and provides by an 
amendment that all State lands valuable for minerals, including gas 
and oil, shall not be sold by the State of Oklahoma prior to 1915, but 
that such lands may be leased for mineral purposes for periods not to 
exceed live years, which leasing must be made by public competition, 
advertised for not less than thirty days, under sealed bids, and awarded 
to the highest responsible bidder, who shall pay a fixed royalty in 
addition to the bonus offered in his bid, such leases not to be transferred 
without consent in writing by the proper officer of the State; and that 
an agricultural lessee of such mineral lands shall be reimbursed by the 
mining lessee for all damage done to his leasehold interest hy such 
mining operations. The legislature of the State may legislate upon 
the subject, not in conflict with this act. 

The House recedes from its disagreement to the amendment of the 
Senate numbered 28, which is a slight and immaterial verbal change 
explanatory of text. 

The House recedes from its disagreement to the amendments of the 
Senate numbered 29, 30, 31, 32, 33, and 34, and agree to the same. 

These amendments add Tulsa and Chickasha to the court towns pro¬ 
vided for in the House bill, and arrange for terms of court to be held 
at such additional places. 

The House recedes from its disagreement to the amendments of the 
Senate numbered 35 and 36. These are verbal changes merely and do 
not change the intent of the House provision in relation to the fees of 
officers of the Federal courts, which is the subject of the clause amended. 

The Senate recedes from its amendments numbered 37 and 38, leav¬ 
ing the House bill unaltered in the matter to which such amendments 
relate. 

The House recedes from its disagreement to the amendment of the 
Senate numbered 39, and agrees to the same. 

This amendment provides that the Osage Indian Reservation shall 
be and remain one county until its lands are allotted in severalty, 
and, further, until changed b}^ the legislature of Oklahoma. 

The House recedes from its disagreement to the amendment of the 
Senate numbered 40, and agrees to the same with an amendment, to 
which the Senate agrees, and which amendment agreed to reinstates 
the original text of the House bill on the subject of statehood for 
Arizona and New Mexico, with certain changes to the effect as follows: 

The House bill provides that thirty days after the approval of this 
act the President shall order an election of delegates to a constitu¬ 
tional convention. This has been changed to twenty days on account 
of the shortness of time caused by delay in this legislation, and for 


STATEHOOD BILL. 


15 


the same reason the election of delegates, which was fixed in the 
original House bill on the tenth Tuesda}^ following the approval of 
this act, is changed by this agreement to the fifth Tuesday. For the 
same reason the time of holding the constitutional convention has 
been changed from the fifth Monday after the election of delegates to 
the second Monday, and instead of receiving compensation for not 
more than sixty days’ service the delegates can receive compensation 
for not more than thirty days’ service. 

A further change of the House bill on this subject has been made 
which requires an election to be held for the adoption or rejection of 
the constitution on November 6, 1906, and that if a majority of each 
of said Territories shall be for the constitution, then and in that event 
statehood shall be perfected by the proclamation of the President, as 
provided by the original House bill; otherwise not. 

This change from the original House bill, which finds force and 
effect in these words of the conferees’ agreement referred to, to wit, 
“and if a majority of th'e legal votes cast on that question in each of 
said Territories shall be for the constitution,” then statehood shall be 
perfected, means that if the majority of the voters of either Arizona 
or New Mexico shall vote to reject, then there shall be no statehood 
and each of these Territories shall be left in statu quo; but if a major¬ 
ity of both these Territories shall vote at said election to ratify the 
constitution, then they will be perfected into statehood under the name 
of Arizona under the provisions of the bill. 

The other provisions of the conferees’ amendment agreed to, relative 
to the subject of statehood for Arizona and New Mexico, designated as 
No. 40, follow the original provisions of the House bill with a few 
immaterial changes. 

E. L. Hamilton, 

A. L. Brick, 

John A. Moon, 

Managers on the part of the House . 

O 


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